If one or more elements of the offense have not been alleged inthe information, the accused cannot be convicted of the offensecharged, even if the missing elements have been proved duringthe trial.

Even the accused’s entering a plea of guilty to such defectiveinformation will not cure the defect, nor justify his convictionof the offense charged.

IMPORTANT: The new rule requires that the qualifying andaggravating circumstances be alleged in the information.

PURPOSE:1. To enable the court to pronounce a proper judgment;2. To furnish the accused with such a description of the charge as to enable him to make a defense;3. As a protection against further prosecution for the same cause. ( U.S. v. Karelsen).

RULE ON NEGATIVE AVERMENTS:1. Where the law alleged to have been violated: - prohibits generally acts therein defined - is intended to apply to all persons indiscriminately, - but prescribes certain limitations or exceptions from its violation the information is sufficient if it alleges facts which the offender did as constituting a violation of law, without explicitly negating the exception, as the exception is a matter of defense which the accused has to prove.

2. Where the law alleged to have been violated... - applies only to specific classes of persons and special conditions - the exemptions from its violation are so incorporated in the language defining the crime that the ingredients of the offense cannot be accurately and clearly set forth if the exemption is omitted, the information must show that the accused does not fall within the exemptions.

NOTE: When an exception or negative allegation is not aningredient of the offense and is a matter of defense, it neednot be alleged (U.S. v. Chan Toco,12 Phil 262).

COMPLEX CRIMES - Where what is alleged in the information is a complex crime and the evidence fails to support the charge as to one of the component offenses, the defendant can be convicted of the offense proven.